81R4693 YDB-D

By: Pitts H.B. No. 1485

A BILL TO BE ENTITLED

AN ACT

relating to performance assessments of certain state agencies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 2056, Government Code, is amended to read as follows:

CHAPTER 2056. STRATEGIC PLANS OF OPERATION;

PERFORMANCE ASSESSMENTS

SECTION 2. Chapter 2056, Government Code, is amended by designating Sections 2056.001 through 2056.011 as Subchapter A and adding a heading for Subchapter A to read as follows:

SUBCHAPTER A. STRATEGIC PLANS

SECTION 3. Chapter 2056, Government Code, is amended by adding Subchapter B to read as follows:

SUBCHAPTER B. PERFORMANCE ASSESSMENT

Sec. 2056.051. DEFINITION. In this subchapter, "foundation" means the Quality Texas Foundation or another similar independent assessment entity selected by the Governor's Office of Budget and Planning for the purpose of performing independent assessments under this subchapter.

Sec. 2056.052. PERFORMANCE EXCELLENCE; ASSESSMENT. (a) A state agency shall:

(1) establish a six-year plan to assess the agency's management, accountability, performance, and customer service using the Malcolm Baldrige Criteria for Performance Excellence; and

(2) every two years assess the agency's progress in implementing the plan.

(b) Not later than March 1 of each even-numbered year following the year a state agency establishes a six-year assessment plan under this section, the agency shall submit its most recent biennial assessment to the foundation. The foundation shall use the assessment to:

(1) independently assess the agency's quality management, accountability, and performance evaluation systems using criteria developed or adopted by the foundation; and

(2) evaluate the effectiveness of the agency's leadership, planning, customer focus, performance measurement, employee focus, and process management.

Sec. 2056.053. REPORT. Not later than December 1 of the year the foundation receives an assessment from a state agency under Section 2056.052, the foundation shall submit a report of the foundation's assessments and recommendations for legislation or further action by the state agency to:

(1) the presiding officers of each house of the legislature;

(2) the Legislative Budget Board;

(3) the Governor's Office of Budget and Planning; and

(4) the state agency that submitted the assessment.

Sec. 2056.054. REVIEW BY SUNSET ADVISORY COMMISSION. (a) If the most recent assessment of a state agency conducted by the foundation under Section 2056.052(b) indicates that the agency failed to significantly improve any deficiencies noted by the foundation in a previous assessment conducted by the foundation, the lieutenant governor and the speaker of the house of representatives jointly may require that the state agency be included in the group of state agencies reviewed by the Sunset Advisory Commission prior to the next legislative session.

(b) If the lieutenant governor and speaker recommend review by the Sunset Advisory Commission, the state agency shall cooperate with the review in the manner required by Chapter 325 (Texas Sunset Act) as if the state agency were scheduled to be abolished.

Sec. 2056.055. AWARDS. (a) From funds appropriated or otherwise available for this purpose, the Governor's Office of Budget and Planning may grant an award of up to 10 percent of the net savings or revenue increases to a state agency that:

(1) demonstrates in an assessment by the foundation of the agency under Section 2056.052(b) significant improvement in any deficiency noted in a previous assessment under that section; and

(2) reduces state expenditures by increasing agency efficiency, increases state revenues, or increases agency productivity as a direct result of the improvement.

(b) An award must be computed using a cost-benefit analysis on the net annual actual or projected savings or increased revenues that equal or exceed $500 after implementation costs and that are certified by the affected state agency and the Legislative Budget Board.

(c) A state agency may use an award granted under this section for:

(1) targeted salary increases or one-time merit payments for employees; and

(2) information technology hardware or software designed to increase state agency accountability and customer satisfaction.

Sec. 2056.056. RULEMAKING AUTHORITY. (a) The Governor's Office of Budget and Planning shall adopt rules necessary to implement this subchapter.

(b) In developing the rules, the office of budget and planning shall consult with and consider the comments of the Legislative Budget Board.

SECTION 4. (a) Not later than October 1, 2009, the Governor's Office of Budget and Planning shall select six state agencies to conduct the assessment required by Section 2056.052, Government Code, as added by this Act, as follows:

(1) two state agencies with at least 800 full-time employees;

(2) two state agencies with at least 100 and not more than 799 full-time employees; and

(3) two state agencies with not more than 100 full-time employees.

(b) Not later than March 1, 2010, a state agency selected under Subsection (a) of this section shall:

(1) establish the six-year plan and conduct the first biennial assessment required under Section 2056.052, Government Code, as added by this Act; and

(2) submit the assessment as required under Section 2056.052(b), Government Code, as added by this Act.

SECTION 5. (a) Not later than October 1, 2009, the Governor's Office of Budget and Planning shall adopt the rules necessary to implement Subchapter B, Chapter 2056, Government Code, as added by this Act.

(b) A state agency, other than a state agency selected under Section 4 of this Act, is not required to submit a biennial assessment under Section 2056.052(b), Government Code, as added by this Act, before March 1, 2012.

SECTION 6. This Act takes effect September 1, 2009.